Extradition - what is it? Extradition in international law

Many future lawyers on criminal law often ask themselves the question: "Extradition - what is it?" In principle, this term is not complex. Extradition is the state's ability to punish a criminal who has escaped to another territory.

What is extradition?

This concept means the extradition of a criminal who is hiding in another state. However, such an opportunity arises only if there is an appropriate treaty between the countries. In this case, a person can independently extradite the state in which he is hiding, or he has the right to wait for a relevant request from the authorities.

The process of transfer by a law enforcement agency of a criminal to another country and is called the word "extradition". What it is, you already know. As for the treaty, in the CIS countries there is a Convention on legal assistance and legal relations in civil, family and criminal cases. Naturally, there are conditions under which this procedure is impossible. However, we will deal with this later.

Extradition and International Law

It should be noted that the agreement on the extradition of persons who have committed unlawful acts in their home country and are hiding in a neighboring state does not exist anywhere. Extradition in international law provides for the consideration of the case of sending the offender home, even if the contract is not signed. That is, the right person is issued according to the "reciprocity principle". In this case, the receiving state must provide a certain service to the country that agrees to transfer the offender. That is, extradition is not mandatory in this case. The state itself decides whether to implement such a procedure. However, there are cases in which it is very difficult to get a person who committed an unlawful act.

Extradition in international law is the transfer of a criminal on the basis of a court decision, unless there is a special treaty. However, it is difficult to get a positive decision.

When is extradition possible?

Extradition (what is it, you already know) is made in such cases:

- if the unlawful act was committed within the state that requires the extradition of the offender;

- the perpetrator possesses the citizenship of the country that requires extradition;

- The crime was one that contradicts the interests of the state or undermines its external or internal security.

If a person has committed unlawful acts in several countries, his extradition shall be effected only after lengthy diplomatic negotiations, depending on which crime is more serious.

Under what conditions is the transfer of the offender possible?

There are certain conditions under which extradition is possible. That is, to transfer the offender to another state is possible only if:

- The counterpart guarantees the safety of life and health of the person being extradited. Especially this condition is relevant in the event that the death penalty is legalized in the country.

- The state provided enough evidence of the persecution's guilt.

- If there are no grounds for extradition, then a person should not be persecuted or restricted in his freedom.

In what cases does the procedure not apply?

Extradition, (what it is, we have already told) can be rejected. This is done in such cases:

- The criminal asked for political asylum and is considered a refugee;

- the statute of limitations of the crime has already expired;

- if the person who committed the unlawful act is a citizen of the country in which he is hiding;

- if there are no legal grounds for initiating a criminal case, or claims of a private nature are brought against a person.

In order to transfer a person to the authorities of another country, it is necessary that the decision of the General Prosecutor's Office be present. Only in this case, international extradition is possible.

Features of the procedure

First of all, in order for a country to implement the procedure, it is necessary that an extradition treaty exists between the states. Then there is a whole procedure for transferring a person to law enforcement agencies of another state:

1. Submission of the request to the other party. The period of its consideration is about 40 days, starting from the moment when the suspect was detained.

2. Further, extradition of criminals is carried out only to local bodies of the Prosecutor's Office or other structures designed for this purpose. They choose the measure of restraint in the future.

3. Now the party that hands over the accused must check all the grounds that permit the procedure. Naturally, the conditions that prohibit the transfer of the accused are also taken into account here.

4. Only after the completion of the previous paragraphs is the decision made to approve or reject the application.

5. If extradition is allowed, then this decision must necessarily be fixed by a special resolution.

6. Only after that a positive response to the request is brought to the knowledge of the accused person.

Naturally, the criminal is given the opportunity to appeal against the decision of the law enforcement agencies of the country that wants to transfer it. This procedure can be carried out within 10 days. If the application for extradition is rejected, the counterparty may file a cassation appeal within a week .

Extradition in the Russian Federation

As for Russia, here the legislative framework concerning the presented procedure has its own peculiarities. For example, Russian citizens who have committed a crime in the territory of another state can not be extradited to him. However, the authorities undertake to punish the person who committed the unlawful act, to the fullest extent of the law. Issue the Russian authorities can only foreigners who are temporarily hiding in the territory of the state.

Recently, the Federation has concluded a large number of international treaties that record the relations of countries regarding the extradition procedure. At the same time the state can carry out the whole complex of investigative actions, transfer not only the criminal himself, but also all the evidence connected with criminal proceedings.

Extradition to Russia

Exchange of criminals with other states is a separate topic for conversation. If how you are extradited to Russia in relation to other states, you have already understood, now you have to find out how the procedure is carried out in relation to the RF itself.

The procedure for the transfer of criminals in Russia is quite complicated. In general, such a position is dictated by a low level of trust in justice. Often, in a country's accusation, countries, especially Western ones, see a political overtones. That is, the western court doubts the reliability of the facts provided. Even if the evidence of guilt is obvious, the neighboring state can completely refuse to apply for the extradition of a criminal, as he realizes the conditions in which a person will be behind bars.

However, if the facts are serious, and there is an appropriate treaty between the countries, then the other party is obliged to extradite the fugitive. In principle, these are all features of the exchange of persons who committed serious offenses between different countries.